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FMLA TO CARE FOR FAMILY MEMBER
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FMLA TO CARE FOR FAMILY MEMBER
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We have an employee that requested leave because his wife was in the hopital. when we received his certification form it says he needs to care for the children while his wife is in the hospital. Shoul
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Forums » Topic Forums » Legal Forum » FMLA TO CARE FOR FAMILY MEMBER
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FMLA TO CARE FOR FAMILY MEMBER
posted at 4/1/2010 1:52 PM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
I wouldn't push that one as the litigation history seems unsupportive.
Again, I'm not telling them to deny it (I would but thats another issue). I am simply stating that court decisions are not supportive of this type of fmla. |
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FMLA TO CARE FOR FAMILY MEMBER
posted at 4/16/2010 7:07 AM EDT
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Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
We are experiencing a similar scenario. The employee's adult daughter experienced a rather dramatic psychiatric episode and is hospitalized. The employee is needed to care for the daughter's children (one is a baby). The daughter's health care provider was not "helpful" in the way he/she completed the Form WH-380. I am hoping we can get some special leave of absence approved by the executive director. The employee will be out for summer break in about 5 weeks, anyway (no, we are not a school, but one of our programs is on the same calendar). At some point, the daughter may be released from the hospital. If the employee is needed to actually be in the home to care for her, the situation may be resolved - at least in the short term.
We do try to do the best we can for our employees (beyond what we are required to by law), but we are also very aware that we cannot do for one unless we are prepared to do for another. |
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FMLA TO CARE FOR FAMILY MEMBER
posted at 4/27/2010 12:33 PM EDT
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Posts: 21
First: 6/5/2007 Last: 6/11/2010 |
Why not simply ask the employee to re-do the form with the legitimate reason that will allow him the leave?
The form I made up for my employees doesn't allow for a unique reason either. "Check One of the Below" works best. |
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FMLA TO CARE FOR FAMILY MEMBER
posted at 5/11/2010 6:32 AM EDT
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Posts: 1
First: 5/11/2010 Last: 5/11/2010 |
Short answer: yes. Engaging in legal hair-splitting to deny an employee this basic level of support is what gives HR such a junk reputation is so many organizations.
Want to keep your star performers? Find a way to say "yes," instead of a reason to say "no." If you don't do it, your competitors will. |
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FMLA TO CARE FOR FAMILY MEMBER
posted at 5/11/2010 8:19 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
making an approval distinction in the application of FMLA rights to good performers over not so good performers leads to major issues. It is better to have a single FMLA standard that is applicable to all.
While in spirit I don't disagree I also am not a fan of special privileges for a few, regardless. This is a basic right that must be qualified for. If you don't qualify then you are not eligible for FMLA; plain and simple. This is why many organizations have LOA processes for those not eligible for FMLA. That wasn't a part of the discussion. |
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FMLA TO CARE FOR FAMILY MEMBER
posted at 5/14/2010 11:47 AM EDT
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Posts: 29
First: 6/9/2009 Last: 4/26/2011 |
Caring for the children of a seriously ill family member equates to caring for the seriously ill family member. It's as simple as that. Should there be court cases that contradict this interpretation, point us to 'em? |
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FMLA TO CARE FOR FAMILY MEMBER
posted at 5/18/2010 6:58 AM EDT
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Posts: 29
First: 6/9/2009 Last: 4/26/2011 |
"HRPro did further up in the thread. It's the Fioto decision."
From a technical perspective, the Fioto decision appears to grant a new trial on condition of what the appellant court comes up with. Moreover, Fioto had everything to do with the definition of 'providing care.' It was determined in Fioto that 'visiting' is not considered 'providing care.' Fioto as provided by HRPro is not relevant in this thread. The originator (cricket57) is asking about a husband providing care, not visiting a hospital and confusing visitation with 'providing care.' |
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